[Federal Register: December 4, 1998 (Volume 63, Number 233)]
[Notices]               
[Page 67148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de98-123]

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DEPARTMENT OF LABOR

Employment and Training Administration
[NAFTA-02430]

 
J.L. Clark Tube Division, Downers Grove, Illinois; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated September 24, 1998, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for NAFTA-Transitional 
Adjustment Assistance (NAFTA-TAA), applicable to workers and former 
workers of the subject firm. The denial notice applicable to workers of 
the subject firm located in Astoria, Oregon, was signed on August 11, 
1998 and was published in the Federal Register on August 28, 1998 (63 
FR 46073).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) if it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) if in the opinion of the Certifying Officer, a 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The NAFTA-TAA petition filed on behalf of workers of J.L. Clark, 
Tube Division, Downers Grove, Illinois, producing collapsible aluminum 
tubes was denied because criteria (3) and (4) of the group eligibility 
requirements in paragraph (a)(1) of Section 250 of the Trade Act, as 
amended, were not met. There were no company or customer imports of 
collapsible aluminum tubes from Mexico or Canada, nor was there a shift 
in production from the workers' firm to Mexico or Canada.
    In support of the application for reconsideration, the petitioner 
asserts that the subject firm was purchased by a Canadian firm, and the 
sale included the customer list of the subject firm. Further, the 
petitioner asserts that the firm which acquired the subject firm is now 
producing the metal tubes in Canada and providing them to the former 
domestic customers of the subject firm. The company which acquired J.L. 
Clark Tube Division was contacted and has stated that they did not 
purchase the customer list, only the equipment and working capital. In 
addition, the company which acquired J.L. Clark Tube Division has 
stated that neither it nor any related company manufactures collapsible 
aluminum tubes, such as those previously manufactured in Downers Grove, 
at any of their facilities outside the U.S. and imports such tubes into 
the U.S.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC this 10th day of November 1998.
Grant D. Beale,
Acting Director, Office of Trade Adjustment Assistance.
[FR Doc. 98-32259 Filed 12-3-98; 8:45 am]
BILLING CODE 4510-13-M